In 2009 the Supreme Court replaced the House of Lords as the highest court in England, Wales and Northern Ireland. As with the House of Lords, the Supreme Court hears appeals from the Court of Appeal and the High Court (only in exceptional circumstances). Appeals are normally heard by 5 Justices, but there can be as many as 9.
High Court
The High Court consists of 3 divisions, the Chancery Division, the Family Division, and the Queen’s Bench Division. Decisions of the High Court may be appealed to the Civil Division of the Court of Appeal.
Chancery Division
The Companies Court of the Chancery Division deals with cases concerning commercial fraud, business disputes, insolvency, company management, and disqualification of directors.
The Divisional Court of the Chancery Division deals with cases concerning equity, trusts, contentious probate, tax partnerships, bankruptcy and land.
The Patents Court of the Chancery Division deals with cases concerning intellectual property, copyright, patents and trademarks, including passing off.
Family Division
The Divisional Court of the Family Division deals with all matrimonial matters, including custody of children, parentage, adoption, family homes, domestic violence, separation, annulment, divorce and medical treatment declarations, and with uncontested probate matters.
Queen’s Bench Division
The Administrative Court of the Queen’s Bench Division hears judicial reviews, statutory appeals and application, application for habeas corpus, and applications under the Drug Trafficking Act 1984 and the Criminal Justice Act 1988. It also oversees the legality of decisions and actions of inferior courts and tribunals, local authorities, Ministers of the Crown, and other public bodies and officials.
The Admiralty Court of the Queen’s Bench Division deals with shipping and maritime disputes, including collisions, salvage, carriage of cargo, limitation, and mortgage disputes. The Court can arrest vessels and cargoes and sell them within the jurisdiction of England and Wales.
The Commercial Court of the Queen’s Bench Division deals with cases arising from national and international business disputes, including international trade, banking, commodities, and arbitration disputes.
The Mercantile Court of the Queen’s Bench Division deals with national and international business disputes that involve claims of lesser value and complexity than those heard by the Commercial Court.
The Technology and Construction Court of the Queen’s Bench Division is a specialist court that deals principally with technology and construction disputes that involve issues or questions which are technically complex, and with cases where a trial by a specialist TCC judge is desirable.
Crown Court
The Crown Court deals with indictable offences, i.e. serious criminal offences (such as murder, rape and robbery) that have been committed from the Magistrates’ Court for trial, cases committed for sentencing, and appeals from Magistrates’ Courts. Cases are heard by a judge and a jury. Decisions of the Crown Court may be appealed to the Criminal Division of the Court of Appeal.
Judges are appointed by the Crown, on the advice of the Prime Minister, Lord Chancellor, or the appropriate cabinet ministries.
Magistrates’ courts
The magistrates’ courts deal with summary offences and committals to the Crown Court, with simple civil cases including family matters. It can sit as a Juvenile Court to consider offences committed by children or young persons. Cases are heard either by a panel of lay magistrates or by a stipendiary magistrate without a jury. Lay magistrates are chosen from well-respected people in the local community. A clerk guides them on points of law. They consider about 93 per cent of all criminal cases in Great Britain. Criminal decisions of the magistrates’ courts may be appealed to the Crown Court. Civil decisions may be appealed to the county courts.
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